Statute of Limitations for Assault Claims in Hawaii
This FAQ explains the time limits that apply when someone wants to bring an assault claim under Hawaii law. It covers civil claims (personal-injury lawsuits) and gives an overview of criminal charge timing. This information is educational and is not legal advice.
Detailed answer — key timelines and how they work
Civil assault (personal-injury) claims: If you want to sue someone for assault (or assault and battery) to recover for physical injury, medical bills, emotional harm, or similar damages, Hawaii generally requires you to file your lawsuit within two years of the date of the injury. This is governed by Hawaii’s statutes of limitation for personal-injury actions. See Hawaii Revised Statutes, Chapter 657 (Limitations of actions) and in particular section 657-7 for the time limit that commonly applies to personal-injury and related claims: HRS §657-7 and the chapter overview at HRS Chapter 657.
How the two-year period usually works: The clock normally starts on the date of the assault or the date you discovered (or reasonably should have discovered) the injury caused by the assault. If you wait longer than the applicable period, a court will likely dismiss your civil case as time-barred.
Criminal charges for assault: Criminal prosecution timing is different from civil time limits. Whether prosecutors can file charges depends on the specific criminal offense and its classification (misdemeanor or felony). The criminal code and related statutes set time limits that vary by offense. For details on what counts as assault under the criminal code and how prosecutions are handled, see Hawaii’s criminal statutes, including Chapter 701: HRS Chapter 701. If you are trying to have criminal charges filed, contact the police or the county prosecutor’s office. They decide whether to bring charges and will explain any timing constraints that apply.
Special rules and exceptions: Several exceptions can change the deadline or toll (pause) the statute of limitations, including but not limited to:
- Minors: If the injured party is a child, the filing deadline may be delayed until the child reaches the legal age to sue (tolling while a claimant is a minor).
- Fraudulent concealment or misrepresentation: If a defendant fraudulently hid facts, the discovery rule or concealment doctrines can extend the time to file.
- Defendant absent from the state: In some cases, the clock may be tolled while the defendant is out of state.
Because these exceptions can be fact-specific and change the filing deadline significantly, speak to a Hawaii attorney promptly if any of these situations may apply.
Claims against government entities: If your claim arises from an assault by a government employee or on government property (or you want to sue a county or the State), different notice and timing rules often apply. Government claims commonly require a pre-suit notice and may have shorter filing windows. Consult the applicable statutes and an attorney before assuming the normal two-year rule applies.
Practical steps to protect your rights
Follow these steps right away to preserve your claim and comply with time limits:
- Seek medical attention immediately and keep all medical records and bills. Medical records document the injury and the date of treatment.
- Report the assault to law enforcement. A police report supports both criminal investigations and civil claims.
- Preserve evidence: photos of injuries and the scene, clothing, messages, and any weapons involved.
- Collect witness names and contact information as soon as possible while memories are fresh.
- Write down a clear timeline of events, dates, and how the injury has affected your life (work, activities, emotional harm).
- Talk to a personal-injury attorney in Hawaii without delay. An attorney can confirm the correct filing deadline for your specific circumstances and explain exceptions that may extend the deadline.
When to contact an attorney
Contact a Hawaii attorney as soon as you can after an assault. Early legal review helps protect evidence, ensures compliance with any special notice requirements (for government claims), and prevents an otherwise valid claim from being dismissed on procedural grounds. If you are uncertain whether to pursue a civil claim, many attorneys offer initial consultations to review your case and timeline.